Pathalgadi Movement | By Dr. Mahipal Singh Rathore

Table of Contents

What is ‘Pathalgadi’?

In recent months, many Adivasi villages in Jharkhand have put up giant plaques declaring their gram sabha as the only sovereign authority and banning ‘outsiders’ from their area. In Munda tribal custom, placement of a huge stone marks the death of a person. The Pathalgadi movement draws on this tradition of honouring the community’s ancestors The leaders of the movement decided to carve the key provisions of the PESA (and other Articles of the constitution) as messages on huge stones in order to enlighten Adivasi people about this law, which empowered a village as an administrative unit.

Article 13 – Laws inconsistent with fundamental rights

• All laws in force in India immediately before the commencement of Constitution, if they are inconsistent with the provisions of this Part (FR), shall be void. 13(3) In this article – – “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; – “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. This is taken to mean that existing Adivasi customs or laws as defined by the village gram sabha have the force of the constitution as long as it does not violate the constitution**

Article 19

19(1)(d) to move freely throughout the territory of India;

19(1)(e) to reside and settle in any part of the territory of India

19 (5) The right to move freely, reside and settle in any part of India may be restricted by existing laws in the interests of the Scheduled Tribes.

Article 244 – Administration of Scheduled Areas and Tribal Areas

The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura and Mizoram Formation of ‘Tribes Advisory Councils’ At present (2018), 10 states of India have scheduled areas. Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

• Under the V Schedule, the governor may direct that a law should not apply to a Scheduled Area.

• Equally she/he can direct that a law shall apply to a Scheduled Area.

• In most states, all laws enacted are automatically assumed to apply across the state and there is no specific direction to apply them to scheduled areas.

• In either case, the governor must consult the Tribes Advisory Council.

• The Tribes Advisory Councils rarely meet and governors never submit annual reports to the president as they are required to.

PESA – Panchayats (Extension to Scheduled Areas) Act of 1996

A village shall ordinarily consist of a habitation comprising a community and managing its affairs in accordance with traditions and customs gram sabha – consisting of persons whose names are included in the electoral rolls for the panchayat Every gram sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources, and the customary mode of dispute resolution.

Provisions of PESA

• State legislation to be in conformity with customary law, social and religious practices, and customary modes of dispute resolution

• Gram Sabha shall approve plans / programmes and projects before their implementation

• Power to prevent land alienation and restore illegally alienated land

• The Gram Sabha should have control over local institutions and functionaries • Right to be consulted before land acquisition

The Trigger for Pathalgadi

Tribals have been agitating against the state ever since the Raghubar Das led BJP government was looking to amend

• Chhotanagpur Tenancy (CNT) Act 1908

• Santhal Pargana Tenancy (SPT) Act 1949 These two age-old legislations are meant to protect tribal tenancy rights. Land bank being formed by the govt to make it easier for non-tribals and companies to take over Adivasi land Police firing on those protesting land acquisition.

DEVELOPMENT?

• Top down approach

• Schemes not working as intended

• Language Government Response Reasons given by govt for the movement

• Opium cultivation

• Naxals

• Secessionist forces behind this Propaganda videos are being made by ministers to tell people that their interpretation of the constitution is wrong and this movement is illegal and anti national. In March 2018, the police arrested Vijay Kujur, a manager in the Shipping Corporation of India, and working president of the Adivasi Mahasabha in Jharkhand In May they arrested Herman Kindo (a former IAS officer) and Joseph Tigga (an ONGC ex-employee)